Rule 616. Alternative testimony of witnesses with an
intellectual or developmental disability in civil cases and special
proceedings.

(a) Definitions. - The following definitions apply to
this section:

(1) The definitions set out in G.S. 122C-3.

(2) Remote testimony. - A method by which a witness
testifies outside of an open forum and outside of the physical presence of a
party or parties.

(b) Remote Testimony Authorized. - An individual with
an intellectual or developmental disability who is competent to testify may
testify by remote testimony in a civil proceeding or special proceeding if the
court determines by clear and convincing evidence that the witness would suffer
serious emotional distress from testifying in the presence of a named party or
parties or from testifying in an open forum and that the ability of the witness
to communicate with the trier of fact would be impaired by testifying in the
presence of a named party or parties or from testifying in an open forum.

(c) Hearing Procedure. - Upon motion of a party or the
court's own motion, and for good cause shown, the court shall hold an
evidentiary hearing to determine whether to allow remote testimony. The hearing
shall be recorded unless recordation is waived by all parties. The presence of
the witness is not required at the hearing unless so ordered by the presiding
judge.

(d) Order. - An order allowing or disallowing the use
of remote testimony shall state the findings and conclusions of law that
support the court's determination. An order allowing the use of remote
testimony also shall do all of the following:

(1) State the method by which the witness is to
testify.

(2) List any individual or category of individuals
allowed to be in or required to be excluded from the presence of the witness
during testimony.

(3) State any special conditions necessary to
facilitate the cross-examination of the witness.

(4) State any condition or limitation upon the
participation of individuals in the presence of the witness during the
testimony.

(5) State any other conditions necessary for taking or
presenting testimony.

(e) Testimony. - The method of remote testimony shall
allow the trier of fact and all parties to observe the demeanor of the witness
as the witness testifies in a similar manner as if the witness were testifying
in the open forum. Except as provided in this section, the court shall ensure
that the counsel for all parties is physically present where the witness
testifies and has a full and fair opportunity for examination and cross-examination
of the witness. In a proceeding where a party is representing itself, the court
may limit or deny the party from being physically present during testimony if
the court finds that the witness would suffer serious emotional distress from
testifying in the presence of the party. A party may waive the right to have
counsel physically present where the witness testifies.

(f) Nonexclusive Procedure and Standard. - Nothing in
this section prohibits the use or application of any other method or procedure
authorized or required by law for the introduction into evidence of statements
or testimony of an individual with an intellectual or developmental disability.
(2009-514, s. 1; 2018-47, s. 3(a).)